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NOTICE OF APPEAL FROM MASTER, REGISTRAR OR SPECIAL REFEREE
Registry staff are trained to receive and issue court documents; they are not legally trained and cannot provide individuals with legal advice.
Supreme Court Civil Rule 23-6(8) and Supreme Court Family Rule 22-7(8) are the rules that deal with appeals from a master, registrar or special referee. Copies of both of these rules are included in this package.
If you choose to appeal the decision of a master, registrar of special referee you must file Civil Form 121 or Family Form F98 within 14 days after the order or decision was made.
The filing fee for a Notice of Appeal from Master, Registrar or Special Referee is $80.00 as set out in Appendix C to both sets of rules.
This package contains the following;1) Supreme Court Civil Rule 23-6 – Masters, Registrars and Special Referees2) Supreme Court Family Rule 22-7 - Masters, Registrars and Special Referees3) Supreme Court Civil Form 1214) Supreme Court Family Form F985) PD-54 - Standard Directions for Appeals from Decisions of Masters, Registrars or
Special Referees pursuant to Civil Rule 23-6(8) and Family Rule 22-7(8)
SUPREME COURT CIVIL RULESRule 23-6 – Masters, Registrars and Special Referees
Powers of a master
(1)Without limiting any other powers of a master under these Supreme Court Civil Rules, a master hearing an application has the powers of the court set out in Rules 8-5 (6) to (8) and 22-1 (2) to (8).
Master as registrar
(2)A master has the powers and jurisdiction of a registrar under these Supreme Court Civil Rules.
Repealed
(3)Repealed. [B.C. Reg. 149/2013, s. 7.]
[am. B.C. Reg. 149/2013, s. 7.]
Hearing record
(3.1)Before attending a registrar's hearing started by the filing of an appointment, the person taking out the appointment (in this subrule called the "applicant") must provide to the registry where the hearing is to take place, no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, a hearing record as follows:
(a) the hearing record must be in a ring binder or in some other form of secure binding;
(b) the hearing record must contain, in consecutively numbered pages, or separated by tabs, the following documents in the following order:
(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the persons served with the appointment (in this subrule called the "respondents");
(ii) an index;(iii) a copy of the filed appointment and of every document that, under these rules, is required to be filed with that appointment;(iv) a copy of the affidavit of service of the appointment, which copy must not include the exhibits to the affidavit;(v) if the appointment is to settle an order under Rule 13-1, a copy of the reasons for judgment on which the order is based, a transcript of the order made or a copy of the clerk's notes from the hearing;(vi) if the appointment is to assess costs under Rule 14-1, a copy of the entered order for costs;(vii) if the appointment has been filed under Rule 18-1, a copy of the entered order referring the matter to the registrar;(viii) a copy of every filed affidavit and pleading, and of every other document, that is to be relied on at the hearing;
(c) the hearing record may contain(i) a draft of the proposed report or certificate, and(ii) a list of authorities;
(d) the hearing record must not contain(i) written argument,(ii) copies of authorities, including case law, legislation, legal articles or excerpts from text books, or(iii) any other documents unless they are included with the consent of the applicant and the respondents.
[en. B.C. Reg. 65/2013, Sch. A, s. 4.]
Dealings with hearing record
(3.2)Rule 8-1 (17), (19) and (20) applies to a hearing record and, for that purpose, a reference in Rule 8-1 (17), (19) or (20) to "application record" is a reference to a hearing record and a reference to an "applicant" and an "application respondent" is a reference to the applicant and respondent to the registrar's hearing respectively and a reference to the "hearing of the application" is a reference to the hearing of the registrar's hearing.
[en. B.C. Reg. 65/2013, Sch. A, s. 4.]
Registrar's powers at registrar's hearing
(4)A registrar may, in respect of any registrar's hearing, whether before that registrar or any other registrar,
(a) extend, shorten or limit the time for any step in the registrar's hearing,
(b) exercise the powers that, under Rules 22-1 (2) and (3) and 23-5 (4), may be exercised by the court,
(c) exercise the powers set out in Rule 18-1 (5), and
(d) direct the parties to attend a pre-hearing conference.
[am. B.C. Reg. 112/2012, Sch. A, s. 5.]
Registrar's directions at pre-hearing conference
(5)Without limiting Rule 18-1 (5), a registrar conducting a pre-hearing conference may give directions for the conduct of any registrar's hearing, whether or not that registrar's hearing is before the registrar conducting the pre-hearing conference, including, without limitation, directions respecting the following:
(a) the production of documents;
(b) oral examinations for discovery;
(c) service of notices to admit;
(d) service of experts' reports;
(e) service of witness lists;
(f) any other matter that may assist in the just and efficient determination of the issues.
Reference by master to judge
(6)If a matter appears to a master to be proper for the decision of a judge, the master may refer it to a judge, and the judge may either dispose of the matter or refer it back to the master with directions.
Reference by registrar to judge or master
(7)If a matter appears to a registrar to be proper for the decision of a judge or master, the registrar may refer it to a judge or master, and the judge or master may either dispose of the matter or refer it back to the registrar with directions.
Appeal from master, registrar or special referee
(8)A person affected by an order or decision of a master, registrar or special referee may appeal the order or the decision to the court.
Form of appeal
(9)The appeal must be made by filing a notice of appeal in Form 121 within 14 days after the order or decision complained of.
Notice
(10)Unless otherwise ordered, there must be at least 3 days between the service of the notice of appeal and the hearing.
Appeal not to act as stay
(11)An appeal from the decision of a master or registrar is not a stay of proceeding unless so ordered by the court or the master.
SUPREME COURT FAMILY RULES
Rule 22-7 – Masters, Registrars and Special Referees
Powers of a master
(1)Without limiting any other powers of a master under these Supreme Court Family Rules, a master hearing an application has the powers of the court set out in Rules 10-3 (2) to (8) and 10-9 (6) to (8).
Master as registrar
(2)A master has the powers and jurisdiction of a registrar under these Supreme Court Family Rules.
Powers of a master in estates
(3)A master has the powers of the court to dispose of all non-contentious business in the administration of estates.
Hearing record
(3.1)Before attending a registrar's hearing started by the filing of an appointment, the person taking out the appointment (in this subrule called the "applicant") must provide to the registry where the hearing is to take place, no later than 4 p.m. on the business day that is one full business day before the date set for the hearing, a hearing record as follows:
(a) the hearing record must be in a ring binder or in some other form of secure binding;
(b) the hearing record must contain, in consecutively numbered pages, or separated by tabs, the following documents in the following order:
(i) a title page bearing the style of proceeding and the names of the lawyers, if any, for the applicant and the persons served with the appointment (in this subrule called the "respondents");
(ii) an index;(iii) a copy of the filed appointment and of every document that, under these rules, is required to be filed with that appointment;(iv) a copy of the affidavit of service of the appointment, which copy must not include the exhibits to the affidavit;(v) if the appointment is to settle an order under Rule 15-1, a copy of the reasons for judgment on which the order is based, a transcript of the order made or a copy of the clerk's notes from the hearing;(vi) if the appointment is to assess costs under Rule 16-1, a copy of the entered order for costs;(vii) if the appointment has been filed under Rule 18-1, a copy of the entered order referring the matter to the registrar;(viii) a copy of every filed affidavit and pleading, and of every other document, that is to be relied on at the hearing;
(c) the hearing record may contain (i) a draft of the proposed report or certificate, and(ii) a list of authorities;
(d) the hearing record must not contain(i) written argument,(ii) copies of authorities, including case law, legislation, legal articles or excerpts from text books, or(iii) any other documents unless they are included with the consent of the applicant and the respondents.
[en. B.C. Reg. 65/2013, Sch. B, s. 2.]
Dealings with hearing record
(3.2)Rule 10-6 (15), (17) and (18) applies to a hearing record and, for that purpose, a reference in Rule 10-6 (15), (17) or (18) to "application record" is a reference to a hearing record and a reference to an "applicant" and an "application respondent" is a reference to the applicant and respondent to the registrar's hearing respectively and a reference to the "hearing of the application" is a reference to the hearing of the registrar's hearing.
[en. B.C. Reg. 65/2013, Sch. B, s. 2.]
Registrar's powers at registrar's hearing
(4)A registrar may, in respect of any registrar's hearing, whether before that registrar or any other registrar,
(a) extend, shorten or limit the time for any step in the registrar's hearing,
(b) exercise the powers that, under Rule 10-3 (2) and (3) or 22-6 (4), may be exercised by the court,
(c) exercise the powers set out in Rule 18-1 (5), and
(d) direct the parties to attend a pre-hearing conference.
[am. B.C. Reg. 112/2012, Sch. B, s. 4.]
Registrar's directions at pre-hearing conference
(5)Without limiting Rule 18-1 (5), a registrar conducting a pre-hearing conference may give directions for the conduct of any registrar's hearing, whether or not that registrar's hearing is before the registrar conducting the pre-hearing conference, including, without limitation, directions respecting the following:
(a) the production of documents;
(b) oral examinations for discovery;
(c) service of notices to admit;
(d) service of experts' reports;
(e) any other matter that may assist in the just and efficient determination of the issues.
Reference by master to judge
(6)If a matter appears to a master to be proper for the decision of a judge, the master may refer it to a judge, and the judge may either dispose of the matter or refer it back to the master with directions.
Reference by registrar to judge or master
(7)If a matter appears to a registrar to be proper for the decision of a judge or master, the registrar may refer it to a judge or master, and the judge or master may either dispose of the matter or refer it back to the registrar with directions.
Appeal from master, registrar or special referee
(8)A person affected by an order or decision of a master, registrar or special referee may appeal the order or the decision to the court.
Form of appeal
(9)The appeal must be made by filing a notice of appeal in Form F98 within 14 days after the order or decision complained of.
Notice
(10)Unless otherwise ordered, there must be at least 3 days between the service of the notice of appeal and the hearing.
Appeal not to act as stay
(11)An appeal from the decision of a master or registrar is not a stay of proceeding unless so ordered by the court or the master.
Form 121 No. ....................................................................... Registry
In the Supreme Court of British Columbia
Between:
Plaintiff/Petitioner(s)
and:
Defendant/Respondent(s)
NOTICE OF APPEAL FROM MASTER, REGISTRAR OR SPECIAL REFEREE
WHEREAS on .................................. , ............................................................................... [dd/mmm/yyyy] [name of master, registrar or special referee]
made the following decision order: ............................................................. [state concisely the decision or order]
...........................................................................................................................................
............................................................................................................................................
TAKE NOTICE that .....................................appeal(s) from that decision order on [party(ies)] the following grounds: ......................................................................................................
[set out concisely the grounds of appeal]
............................................................................................................................................
............................................................................................................................................
...........................................................................................................................................;
This appeal will be head at ..................... on ........................................ at the courthouse [time of day] [dd/mmm/yyyy]
at ........................................................................................................ by the presiding judge.
The appellant(s) estimate(s) that the hearing of the appeal will take ............................ . [time estimate]
Date: ................................... ..........................................................Signature of appellant lawyer for appellant(s)
................................................................ [type or print name]
Form F98Court File No.: ................................
Court Registry: .................................
In the Supreme Court of British Columbia
Claimant:
Respondent:
NOTICE OF APPEAL FROM MASTER, REGISTRAR OR SPECIAL REFEREE
WHEREAS on .................................................., ............................................................................ [dd/mmm/yyyy] [name of master, registrar or special referee]
made the following decision order: ................................................................................... [state concisely the decision or order]
........................................................................................................................................................
.......................................................................................................................................................;
TAKE NOTICE that .............................. appeal(s) from that decision order on the [party(ies)]
following grounds: .........................................................................................................................
........................................................................................................................................................
.......................................................................................................................................................; [set out concisely the grounds of appeal]
This appeal will be heard at ........................ on ........................................... at the courthouse at [time of day] [dd/mmm/yyyy]
................................................................................................................... by the presiding judge.
The appellant(s) estimate(s) that the hearing of the appeal will take ........................... [time estimate]
Date: ...........[dd/mmm/yyyy]....... ................................................................Signature of appellant lawyer for appellant(s)
................................................................. [type or print name]
